Terms and Conditions

For the purposes of the following, ‘Simple Divorce’ includes Usman Sadiq, and any other employee or agent of Usman Sadiq and/or www.simpledivorce.ca.

Terms, Conditions, Disclaimers and Notices

Simple Divorce is owned and operated by Usman Sadiq, Barrister & Solicitor, in Ontario, Canada.

Simple Divorce is a limited legal services provider, providing services relating to uncontested simple divorces, separation agreements and legal name changes.  If you require legal assistance outside the scope of the services offered by Simple Divorce please contact another lawyer.

Simple Divorce’s main services are restricted to advising and assisting clients obtain an uncontested simple divorce in Ontario, drafting basic separation agreements and assisting individuals in obtaining a legal name change in Ontario.

Please note that an uncontested simple divorce is a divorce in which you are seeking only a divorce and are not making any other claim.  In an uncontested simple divorce you will not be seeking your rights relating to an equalization of net family property, spousal support, property division, issues relating to children (e.g. custody, access and support), or spousal support.

Disclaimers

PLEASE NOTE THAT BY FILING AN UNCONTESTED SIMPLE DIVORCE YOU MAY BE WAIVING RIGHTS WHICH YOU MAY BE ENTITLED TO UNDER ONTARIO FAMILY LAW.  IF YOU WISH TO MAKE ANY ADDITIONAL CLAIMS IN ADDITION TO A DIVORCE IT IS HIGHLY ADVISED YOU OBTAIN LEGAL ADVICE FROM A FAMILY LAWYER BEFORE FILING YOUR DIVORCE WITH SIMPLE DIVORCE.

Simple Divorce will not be responsible if your divorce is denied for any of the following reasons:

1)  Service on your spouse cannot be effected;

2)  You or your spouse fail to pay child support pursuant to the Federal Child Support Guidelines;

3)  Your spouse files an answer contesting the divorce and/or making additional claims;

4)  Your divorce application is dismissed or denied by the court due to circumstances outside the control of Simple Divorce; or

5)  Your divorce application is dismissed or denied by the court for which no legal basis exists under the Divorce Act or Family Law Rules.

Fees and Refunds

See www.simpledivorce.ca/fees for more information about fees.

You may be granted a full refund of our fee if you inform us before the completed divorce application is emailed to you, or provided to you if you pay in person.

You may be granted a partial refund of the processing fee and commissioning fee if you inform us before we serve your spouse or file your application with the courts.

HST

Our fees are subject to the 13% Harmonized Sales Tax.  The mandatory court fee is not subject to any tax.

Child Support 

Please note that the court may not grant your divorce if child support is not being paid pursuant to the Federal Child Support Guidelines.

Simple Divorce may not be able to assist you if payments are not being made in pursuant to the Federal Child Support Guidelines.  If you retain Simple Divorce and your divorce is denied on the basis of child support not being paid in accordance with the Guidelines, Simple Divorce is not responsible for the denial of your divorce.

Please note that if you are the recipient of the child support and do not receive payments pursuant to the Guidelines, a judge may order you to claim the proper amount from your spouse.  If you are ordered to pursue your spouse for the proper amount you have two options: (1) Request your spouse to pay the proper amount, or (2) make an additional application for child support.  Please note that Simple Divorce will not help you with this additional application.

Serving your spouse

Upon filing of your Application for Divorce it will be necessary to serve your spouse with the Application unless you are filing a joint divorce.   There are two main methods of serving your spouse, either in person or by mail.

Simple Divorce will serve your spouse by mail and will require your spouse must mail back us an Acknowledgment of Service form.  If this form is not returned, then service of your spouse in person will be necessary.

Please note that you must arrange to have your spouse served in person. You may choose to have a friend, family member or a professional process server serve your spouse.  If you would like us to serve your spouse we will charge an additional $75 for personal service.

Contested Divorce

Simple Divorce specializes in assisting clients with uncontested simple or joint divorces.  Please not that after serving your spouse with the Application for Divorce your spouse will have 30 days, or 60 days if served outside of Canada or USA, to file an Answer in which your spouse may contest and/or make additional claims.  If an Answer is filed, please be aware that your divorce will now be contested and Simple Divorce may not be able to assist you.  At this point our services will come to an end and no part of our fees will be refunded.

Missing Spouse

As stated above, a part of the divorce process is serving your spouse with the Application for Divorce.  If for some reason your spouse cannot be located we can help you in filing a motion to dispense with the service requirement or a motion for substituted service.  Our fee for this extra step is $300.  Please note that we cannot guarantee that your motion will be approved; however, it is very rare for a court to deny such a motion.

Timing

Simple Divorce does not give any guarantee on how long it will take for your divorce to be approved.  However, on average, it takes two to four months from when your Application for Divorce is filed for the divorce to be approved.

Change of Contact Information and Notice of Change of Address

If your contact information (e.g. phone, email and/or mailing address) changes it is your responsibility to advise us immediately.

If you move during the divorce process you must inform us immediately.  This information is important because the Ontario Family Law Rules state that if a party’s address changes then that party must inform the other parties of this change of address and file it with the courts.

If you move during the divorce process you may serve your spouse with this notice and file it yourself with the court, or you may pay Simple Divorce to do this for you for $75.